Reeves v. State
Supreme Court of Alabama
Error to the Circuit Court of Butler. Tried before the Hon. Robert Dougherty. 1. The indictment was defective, in not showing that the offence was committed in a county over which the court had jurisdiction. The court was bound judicially to know that there was no such county as Buter in the State of Alabama. See Chitty’s Crim.
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Error to the Circuit Court of Butler. Tried before the Hon. Robert Dougherty. 1. The indictment was defective, in not showing that the offence was committed in a county over which the court had jurisdiction. The court was bound judicially to know that there was no such county as Buter in the State of Alabama. See Chitty’s Crim. Law, marginal page 194, and note stating N. C. decisions. 2. If two counties be mentioned, one in -the margin, and then a fact is described as having occurred in another, e. g., Butler, in the margin, and the fact is stated to have occurred in “ Buter,” and afterwards…
1Opinion of the CourtDak Gan, C. J.
— The plaintiff in error was indicted in the Circuit Court of Butler, for an assault and battery committed upon one Alexander McCarty. When required to plead, he demurred to the indictment, but his demurrer was overruled, and upon the trial he was convicted. The cause *35is brought here by writ of error, and the sole question is the sufficiency-of the indictment. The language of the indictment is as follows: “ The State of Alabama, Butler county, Circuit Court, Fall Term, Eighteen hundred and fifty. The grand jurors of the State of Alabama, elected, empannelled, sworn and charged to inquire for…
2Cases cited1 opinion
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